While many legal disputes can be handled with patience, de-escalation, and diplomatic solutions, others are, for lack of a better term, past the point of no return or present a clear and present danger to one party. As such, a Court may require aggressive advocacy, sometimes in the form of a well-timed and necessary restraining order or protective order.
But wait — isn’t a restraining order the same thing as a protective order? While similar, both orders have their distinct differences.
What Is a Protective Order?
Without getting too deep into the weeds, a protective order is a Court order that deals largely with domestic violence cases. For example, a protective order would likely come into play if there is reason to believe someone has been abused by their partner and is at risk of being abused again. It can also include dangerous actions such as the following:
- Causing or attempting to cause physical injury
- Harassment or stalking behavior
- Some other form of threat or abuse
What Is a Restraining Order?
Protective orders deal with domestic violence cases while restraining orders prohibit one or several parties from taking action against another person or risk facing legal consequences such as fines, jail time, etc. For example, a no-contact restraining order may be requested to keep one person in a breach of contract dispute from making physical contact with or verbally communicating with the protected person. A restraining order could also be handed down to limit parties from engaging in certain activities, such as making withdrawals from bank accounts or selling property, until the case is resolved.
Just a few common reasons for a temporary or permanent restraining order include:
- Limiting contact between parties during a case
- Threats of harm
- Property protection
- Financial abuse
- Disturbing the peace of the protected people
- Restricting someone’s actions (transporting a child out of state, selling property, taking out loans, etc.)
What Evidence Is Required to Support a Restraining Order or Protective Order Request?
A judge must be provided with enough evidence to prove why a restraining order or protective order should be ordered, and if approved, the judge determines how long they last. This could range from a few days to several years.
Examples of acceptable evidence for a restraining order or protective order include but aren’t limited to the following:
- Witness testimony
- Police reports
- Transaction records
- Photos, video, and audio recording evidence
- Emails or text exchanges
- Medical records
Please call Christman | Daniell Attorneys, for your legal needs today!
Looking for family law services in Collin County, Texas? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities like Allen, Anna, Blue Ridge, Carrollton, Celina, Colleyville, Dallas, Fairview, Farmersville, Frisco, Garland, Josephine, Lavon, Lowry Crossing, Lucas, McKinney, Melissa, Murphy, Nevada, New Hope, Parker, Plano, Princeton, Prosper, Richardson, Royse City, Sachse, Saint Paul, Van Alstyne, Weston, and Wylie, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell Attorneys to provide compassionate and effective representation for all your family law needs throughout Collin County.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only. They do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
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